WEEKLY LEGISLATIVE REPORT – February 27, 2009

Proposed transportation power grab causes concern

By Sen. Tim Golden

In a split vote Wednesday, the Senate Transportation Committee favorably reported legislation that would reorganize the state's transportation agencies and potentially weaken rural Georgia's voice in the process.

SB 200, proposed by Gov. Perdue, would shift control and oversight over Georgia's highway system from the state Department of Transportation (DOT) board to a newly created, 11-member State Transportation Authority (STA). While DOT board members are elected by legislators within each of Georgia's 13 congressional districts, the STA members would be hand-picked by the governor, lieutenant governor and speaker of the House of Representatives.

Such consolidation of power would potentially leave vast areas of the state unrepresented in transportation decisions. The loss of representation by congressional districts also would potentially violate the U.S. Voting Rights Act. Also, there are provisions within SB 200 that would allow the STA board to award road-building contracts outside the competitive bidding process.

This legislation proposes a monumental change in a process that involves billions of taxpayer dollars each and every year. It does not need to be put on such a fast track toward approval without substantial study and debate. Centralizing control of our transportation system in the hands of the state's three most powerful politicians - at the expense of representative government - is a very dangerous road to travel.

Hopefully we will have an opportunity for that debate before SB 200 is voted on by the full Senate.

In other action Wednesday, a majority of the Senate voted to give the governor the power to remove elected members of local school boards. According to its supporters, SB 84 addresses a situation in which one Georgia public school system lost its accreditation because of, in large part, the mismanagement of a dysfunctional board of education.

However, I voted against the measure out of concern over whether taking away local control and expanding the governor's power is the right remedy for the situation. SB 84 now goes to the House for its consideration.

On Thursday, the Senate voted to approve two measures that I co-sponsored. SB 78 would provide voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment, in order to reduce human and environmental exposure to safe levels. The bill, also known as the Georgia Voluntary Remediation Program Act, would establish the criteria to qualify for a voluntary remediation program and spell out provisions for corrective action.

SB 156, meanwhile, would help Georgia move closer to establishing a statewide trauma care network. By revising the duties of the Georgia Trauma Care Network Commission, this legislation would provide guidelines for dealing with uncompensated care, assisting rural hospitals in providing trauma care and supporting trauma centers that incur financial losses.

Both SB 78 and SB 156 are now under consideration in the House.

Other legislation passed by the Senate and sent to the House this week includes:

SB 20, which would prohibit local governments from adopting "sanctuary policies" that protect illegal immigrants from being arrested or deported.

SB 23, which would allow evidence that a driver or passenger was not wearing a seat belt to be presented in a civil trial and allow juries to take that evidence into account when assessing damages. SB 70, which would strengthen campaign ethics laws, requiring businesses to report within two days any contributions they make to candidates for offices with which they have a contract or could get a contract.

The Senate also passed an amended version of a House proposal that would freeze property valuation reassessments for two years. I was among the Senators who oppose HB 233. This is simply another unfunded mandate that forces local governments to either raise property taxes through higher millage rates (the bill did not cap rates) or reduce vital services and/or raid already shrinking reserve funds due to the economic downturn.

HB 233 also potentially creates an unfair disadvantage for new businesses considering locating in Georgia. Because commercial property reassessments would be frozen for existing businesses, the loss in revenue would have to be made up by new businesses that come into our state, purchase and improve property.

Simply put, this is a one-size-fits-all mandate from the state that will result in little or no actual tax relief at the local level. If the House approves the Senate's changes, HB 233 will go to the governor for his signature.

Sen. Tim Golden represents District 8 (Brooks, Cook, Lowndes and Thomas counties) in the Georgia State Senate. During the legislative session, contact him at 121-A State Capitol, Atlanta, Ga. 30334; by phone at 404-656-7580 or by e-mail at tim.golden@senate.ga.gov.